Newbie Needs Clarification: CDL required for GCWR: 16,000lbs?

Hello everyone,

I have a 1999 Dodge Ram 2500 4x4 powered by a Cummins. An opportunity to haul interstate, non-hazardous and non-oversized, goods has come my way. I am interested in acquiring my DOT#and MC#. I also have several quotes on commercial vehicle and cargo insurance. I am however confused about whether or not I need a CDL, and if so what class? My truck's GCWR: 16,000lbs. State operating out of: New Mexico. Further, if I use a trailer, staying under my trucks GCWR, does that change the requirements I would have to comply with?

Thank you very much,

GP

 

Drivers have been required to have a CDL in order to drive certain CMVs since April 1, 1992.
The Federal Motor Carrier Safety Administration (FMCSA) has developed and issued standards for the testing and licensing of CDL holders. These standards require States to issue CDLs to certain CMV drivers only after the driver passes knowledge and skills tests, administered by the State and related to the type of vehicle the driver expects to operate. Drivers are required to obtain and hold a CDL if they operate in interstate, intrastate, or foreign commerce if they drive a vehicle that meets any of the classifications of a CMV described below.
Classes of License:
The Federal standard requires States to issue a CDL to drivers according to the following license classifications:
Class A -- Any combination of vehicles with a GCWR of 26,001 or more pounds provided the GVWR of the vehicle(s) being towed is in excess of 10,000 pounds.
Class B -- Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR.
Class C -- Any single vehicle, or combination of vehicles, that does not meet the definition of Class A or Class B, but is either designed to transport 16 or more passengers, including the driver, or is transporting material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR Part 172 or is transporting any quantity of a material listed as a select agent or toxin in 42 CFR Part 73.
Endorsements and Restrictions:
Endorsements:
Drivers who operate special types of CMVs must pass additional tests to obtain any of the following endorsements placed on their CDL:

• T - Double/Triple Trailers (Knowledge test only)
• P - Passenger (Knowledge and Skills Tests)
• N - Tank vehicle (Knowledge test only)
• H - Hazardous materials (Knowledge test only)
• X - Combination of tank vehicle and hazardous materials endorsements
• S - School Bus (Knowledge and Skills Tests)

States may have additional codes for additional grouping of endorsements, as long as such codes are fully explained on the license.
Restrictions:
"L" On a full air brake vehicle, if a driver fails either the air brake component of the general knowledge test, or performs the skills test in a vehicle not equipped with air brakes, then the driver will have an "L" air brake restriction placed on their license.
"Z" If the driver takes the test in a vehicle with an air over hydraulic brake system, then they will have a "Z" no full air brake restriction placed on their license. In either case the driver is not authorized to operate a CMV equipped with air brakes.
"E" If the driver takes the Skills Test in a vehicle that has an automatic transmission, then an "E" no manual transmission restriction is placed on their license.
"O" If the driver takes the Skills Test in a Class A vehicle that has a pintle hook or other non-fifth wheel connection, they will have an "O" restriction placed on their license restricting them from driving any Class A vehicle with a fifth wheel connection.
"M" If a driver possesses a Class A CDL, but obtains his or her passenger or school bus endorsement in a Class B vehicle the State must place an "M" restriction indicating that the driver can only operate Class B and C passenger vehicle or school buses.
"N" If a driver possesses a Class B CDL, but obtains his or her passenger or school bus endorsement in a Class C vehicle; the State must place an "N" restriction indicating that the driver can only operate Class C passenger vehicle or school buses.
THE STATES
Certifications and Record checks:
When an individual applies for a CDL, or attempts to renew or update his or her CDL, the State must perform a check of its own database, the Commercial Driver's License Information System (CDLIS), and the National Driver Register (NDR), to ensure the driver is not disqualified and does not possess a license from more than one jurisdiction. If the driver possesses a license from another jurisdiction, the State must require the driver applicant to surrender his/her driver's license issued by that State before issuing a new license.
The State must request the complete driving record of the applicant from all jurisdictions where the driver was previously licensed in the past 10 years.

Beginning January 30, 2012, for each operator of a commercial motor vehicle required to have a commercial driver's license, the current licensing States must:

• Require drivers to certify the type of operation the driver expects to conduct and post the driver's self-certification to the driver history record;
• Retain the original or a copy of the medical certificate of any driver required to provide documentation of physical qualification for three years beyond the date the certificate was issued; and
• Post the information from the medical examiner's certificate within 10 business days to the CDLIS driver record.
• Within 10 calendar days of receiving information from FMCSA regarding issuance or renewal of a medical variance for a driver, the State must
  • update the CDLIS driver record to include the medical variance information provided by FMCSA.
• Within 10 calendar days of the driver's medical certification status expiring or a medical variance expiring or being recinded, the State must:
  • Update the medical certification status of that driver as "not-certified."
  • Notify the CDL holder of his or her CDL "not-certified" medical certification status and that the CDL privilage will be removed from the driver license unless the driver submits a current medical certificate and/or medical variance, or changes his or her self-certification to driving only in excepted or intrastate commerce (if permitted by the State).
  • Initiate established State procedures for downgrading the license. The CDL downgrade must be completed and recorded within 60 days of the driver's medical certification status becoming "not-certified" to operate a CMV.

For persons applying for a hazardous materials endorsement, require compliance with the standards for such endorsement specificed in Transportation Security Administration requirements, and provide proof of citizenship or immigration status. A lawful permanent resident of the United States requesting a hazardous materials endorsement must additionally provide his or her Bureau of Citizenship and Immigration Services (BCIS) Alien registration number. If a State determines, in its check of an applicant's license status and record prior to issuing a CDL, or at any time after the CDL is issued, that the applicant has falsified information or any of the required certifications, the State shall at a minimum suspend, cancel, or revoke the person's CDL or his/her pending application, or disqualify the person from operating a commercial motor vehicle for a period of at least 60 consecutive days.
Knowledge & Skills Tests:

States develop their own tests which must meet the minimum Federal standards provided for in Subpart G and H of 49 CFR Part 383. Model driver and examiner manuals and tests have been prepared and distributed to the States to use, if they wish.

• Each basic knowledge test, i.e., the test covering the areas referred to in 49 CFR 383.111 for the applicable vehicle group, shall contain at least 30 items, exclusive of the number of items testing air brake knowledge.
• To pass the knowledge tests (general and endorsement), applicants must correctly answer at least 80 percent of the questions.
• To pass the skills test, applicants must successfully perform all the required skills (listed in 49 CFR 383.113 through 49 CFR 383.123). The skills test must be taken in a vehicle representative of the type of vehicle that the applicant operates or expects to operate. Depending on the type of passenger vehicle used in the skills test, the following restrictions must be added to the license: except Class A bus or except Class A and Class B bus.
• Require the driver applicant to surrender his/her driver's license issued by another State, if he/she has moved from another State.

Third Party Skills Testing:

A State may authorize a person (including another State, an employer, a private driver training facility or other private institution, or a department, agency or instrumentality of a local government) to administer the skills tests, if the following conditions are met:

• Tests must be the same as those given by the State.
• The third party has an agreement with the State containing, at a minimum, provisions that:
  • Allow the FMCSA, or its representative, and the State to conduct random examinations, inspections, and audits without prior notice.
  • Require the State to conduct on-site inspection at least yearly.
  • Require that all third party examiners meet the same qualification and training standards as State examiners.
• At least annually, State employees must evaluate the programs by taking third party tests as if they were test applicants, or by testing a sample of drivers tested by the third party and then comparing pass/fail rates.
• Reserve unto the State the right to take prompt and appropriate remedial action against the third-party testers in the event that the third-party fails to comply with State or Federal standards for the CDL testing program, or with any other terms of the third-party contract.

Exemption of Skills Testing Requirements:
As of May 2011, States, at their option, are authorized to waive the Skills Test portion of the application for a Commercial Driver's License to military service members who meet the qualification and experience criteria set forth in the new regulation. More information can be found under the "Military Skills Test waiver form. Click here to go to the page with more information
Commercial Driver's License Document:
While FMCSA sets the minimum standards that States must meet regarding CDLs administration of the CDL program and issuance of the license itself remains the exclusive function of the States. States may determine the application process, license fee, license renewal cycle, renewal procedures, and reinstatement requirements after a disqualification provided that the Federal standards and criteria are met. States may exceed the Federal requirements for certain criteria, such as medical, fitness, and other driver qualifications.

Per Federal regulations, all CDLs must contain the following information:

• The words "Commercial Driver's License" or "CDL;"
• The driver's full name, signature, and mailing address;
• The driver's date of birth, sex, and height;
• Color photograph;
• The driver'sState license number;
• The name of the issuing State;
• The date of issuance and the date of the expiration of the license;
• The class(es) of vehicle that the driver is authorized to drive;
• Notation of the "air brake" restriction, if issued;
• The endorsement(s) for which the driver has qualified;

Note: The Social Security Number must be provided on the application, but does not need to be printed on the CDL. States may issue learner's permits for purposes of behind-the-wheel training on public highways as long as the learner's permit holder is required to be accompanied by someone with a valid CDL appropriate for the class and type of vehicle being operated. Further, the learner's permits can only be issued for limited time periods. The permit holder cannot operate a commercial motor vehicle transporting hazardous materials as defined in §383.5. The permit holder must have a valid operators (non-CDL) driver's license, or have passed such vision, sign/symbol, and knowledge tests as the State issuing the learner's permit ordinarily administers to applicants for operator (non-CDL) drivers' licenses.

 

I believe the answer is no, because you are under 26k gcwr, but I've never been sure about this, especially if you tow a trailer weighing more than 10k. Hopefully another hotshotter will have the answer for you.

 

if your GCVW is more than 26000 lbs you need a cdl,

 

Thank you for the replies.

Thank you for the the info. I do indeed have a copy of the statute that I downloaded from the DOT's website.

Based on what I read this is the conclusion that I came up with as well. However, I have a healthy fear of legalese and just thought I would run it by the collective knowledge here on TRP.

And just to clarify: That's calculated by adding the truck and trailer GCWR or, for example, my truck's max GCWR is 16,000LBS, therefore legally I would not be able to exceed this weight, falling shy of the 26K weight by 10,000LBS. Right?

Also, if I operate commercial interstate transport (non-HAZMAT & non over sized) without a trailer (pickup only) I don't technically need to register with the DOT for a DOT# and MC#. Right?

Thanks again everyone,

GP

 

Why on this great green earth would you come to a forum to ask a question of what you may or may not need? Doesn't your state have offices with live human beings that would answer all your questions upfront , legal, and personal?

 

If your commercial, you'll need DOT#s whether you pull a trailer or not.

 

Point taken. I can assure you I will be making several calls to our state's capitol. Unfortunately, getting the same answer from two or more people is often difficult. Of course, with our capitol city's only two public schools dropout rate at nearly 50% , it's no wonder. But, perhaps, that's for a different forum. Nevertheless I will post back and let you know what they tell me.

Thank you,

GP

 

If your GCVR is over 10,000 lbs. the vehicle is a CMV and you need MC authority to haul for hire . You also need to have a driver's file for yourself as well as keeping logs , random drug test pool and much more .
I'm interested what loads you could get and stay under 26,000 lbs. Going over your GCWR is not illegal as long as you don't exceed tire and axle ratings .
I've seen many 1 tons with 30,000 lb. registrations when their GCWR is less than 25,000 lbs.

 

Update:

After investigating the matter with the New Mexico Department of Motor Vehicles I finally have the final legal word. Because I no not operate a vehicle or combination of vehicles with a manufacturer's GVWR of more than 26,000LBS and the vehicle is not designed to carry 16 or more passengers (including the driver) and the vehicle does not require hazardous placards I DO NOT need a commercial drivers license.

Further:

SHO-TYME, is correct according to the FMCSA's step-by-step registration guide. I would not however be required to display the USDOT # and I would not be issued a MC#. That said, I will be registering as though I will be hauling with a trailer in order to keep my options open.

Also:

For those of you in New Mexico and considering becoming a LEGAL transport provider be sure to contact the New Mexico Public Regulation Commission and the New Mexico Taxation and Revenue Department.

(It's almost like they don't want to make it easy to start a small business)